Compiled handouts for Property

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  POSSESSION AND USUFRUCT PropertyGROUP II (Gyve, Annie, Lawi, Carlos, Shei, Jet, Jy) September 10-11, 2013 Possession and the Kinds thereof 1.   Possession is the holding of a thing or the enjoyment of a right. (ART 523) ELEMENTS: -   occupation Mode of acquisition of ownership (ART 712)-   animus possidendi  Indispensable and crucial requirement CONSTRUCTIVE POSSESSION -   possession and cultivation of a portion of a tract of land under claim of ownership of all DEGREES OF POSSESSION a. Mere holding without title whatsoeverb. Possession with possessory titlec. Possession with title of ownership but not from true ownerd. Possession with title of ownership from true owner 2.   Classes of Possession (ARTS 524  – 526) a. Possession in one’s own name v. Possession in the name of anotherb. Possession in the concept of an owner v. Possession in the concept of a holderc. Possession in Good faith v. Possession in Bad Faith EFFECTS OF POSSESSION IN CONCEPT OF OWNER a. Can acquire ownership by prescriptionb. Can bring all actions necessary which true owner can bringc. Can ask for inscription of possession in Registry of Propertyd. Can demand fruits and damages upon lawful recoverye. Can do on the thing possessed everything so allowed by law 3.   Possessor in Good faith (ART 526  – 529) -   one who is not aware that there exists in his title or mode of acquisition any flaw whichinvalidates it-   PRESUMPTION of good faith-   burden of proving otherwise rests on the party alleging such BAD FAITH: intransmissible -    personal knowledge -   circumstances which require owner to discover flaw in transferor’s title (e.g. face of Torrens title) 4.   Interruption and continuity (ARTS 528  – 529) -   good faith ceases only when facts which point to the possessor no longer being unaware of the invalidating flaw exist-   character of possession during acquisition is presumed to continue to be enjoyed in thesame way, until the contrary is proved.    5.   Objects of possession -   in general, only things which are susceptible of appropriation Objects not subject to possession by private persons -   res communes-   property of public dominion-   right under discontinuous and/or non-apparent easement Effects of Possession6.   Right to be respected in possession, right to recover possession (ARTS 539  – 543) Actions to Recover Possessiona.   Forcible Entry and Unlawful Detainer ( accion interdictal  )    Summary proceeding    Covers material possession    Forcible Entry  – deprivation by force, intimidation, threat, strategy, or stealth; filedwithin 1 year of unlawful deprivation    Unlawful Detainer  – property is unlawfully withheld; filed within 1 year from date of last demandb.   Plenary Action ( accion publiciana )    Based on superior right of possessionc.   Reinvidcatory Action ( accion reinvidcatoria )    Action not only to set up right of possession, but also of title and ownershipd.   Replevin    For recovery of movable property 7.   Entitlement to Fruits (ARTS 544  – 545, 549)Possessor in Good Faith Possessor in Bad Faith - Entitled to the fruits received before thepossession is legally interrupted - Right is limited only to the fruits of the thing,he has no right to things which are notconsidered fruits. - Has no right to receive fruits - Those existing and already gathered  mustbe returned - Those which have been lost, consumed, andwhich could have been received  pay thevalue 8.   Reimbursement for Expenses (ARTS 546  – 548)Possessor in Good Faith Possessor in Bad FaithNecessary Expenses - Entitled to reimbursement - He may retain the thing untilhe has been reimbursed - Entitled to reimbursement - Has no right to retain the thingprior to reimbursement Useful Expenses - Entitled to reimbursement - He may retain the thing untilhe has been reimbursed - May be reimbursed with the - Not entitled to reimbursement  value of (1) amount of expenses OR (2) increase invalue Useful Improvements - He may remove if removal willnot damage the principal - However, owner can reimbursewith the value of (1) amount of expenses OR (2) increase invalue - Right only given to possessorin good faith.    Pure Luxury - He may remove if removal willnot damage the principal ANDif possessor chooses not torefund - He may remove if removal willnot damage the principal ANDif possessor chooses not torefund 9.   The following belongs to the possessor who recovers the thing (ART 551): 1.   improvements caused by NATURE (like alluvium, etc.)2.   improvements caused by TIME (like the improved flavor of wine) 10.   Rules Applicable in Liability for Loss or Deterioration of things under possession (ART 552)Possessor in Good Faith Possessor in Bad Faith BEFORE receipt of judicial summons — NOTLIABLE.Before judicial summons - LIABLEAFTER judicial summonsa) loss or deterioration thru fortuitous event —  NOT LIABLEb) thru fraudulent intent or negligence — LIABLE[NOTE: The possessor may become negligent orindifferent for he may sense that after all, hemay lose the case.].AFTER judicial summonsa) loss or deterioration thru fortuitous event —  LIABLEb) thru fraudulent intent or negligence — LIABLEPossession is lost through ADAPT: (ART 555)1.   Abandonment2.   Destruction of the thing3.   Assignment of the thing to another4.   Possession of another for more than one year (possession de facto) or for more than tenyears (possession de jure)5.   Total Loss of the thing  Modes of Extinguishment of PossessionThru the Voluntary Will of thePossessorAgainst the Will of thePossessorBecause of the Object 1.)   Abandonment 2.)   Assignment (onerous orgratuitous)1) possession of another formore than one year.2) final judgment in favor of another3) expropriation.4) prescription in favor of another.5) recovery or reivindication bythe legitimate owner orpossessor1) destruction or total loss of the thing.2) going out of commerce   3) escaping from possessor’s control of wild animals. (Art. 560).    Abandonment  is the voluntary renunciation of a thing. Requisites: 1) possessor in the concept of owner2) capacity to renounce or to alienate3) physical relinquishment of the thing or object4) no more spes recuperandi  (expectation to recover) and no more animus revertendi  (intent toreturn or get back  ) POSSESSION DE FACTO POSSESSION DE JUREPossession as a fact Possession as a right; real right of possessionLost if the possessor is not in possession formore than 1 year but less than 10 yearsLost if the possessor is not in possession formore than 10 yearsCan be recovered thru accion publiciana Can be recovered thru accion publiciana oraccion reinvidicatoria Summary of Recovery or Non-Recovery Principle Owner MAY RECOVERWITHOUT REIMBURSEMENTOwner MAY RECOVER butshould REIMBURSE:Owner CANNOT RECOVER,even if he offers to REIMBURSE1) from possessor in bad faith. 2) from possessor in good faith (if owner had LOST the1) if possessor acquired theobject in good faith at aPUBLIC SALE or AUCTION. (Art. 1) if possessor had acquired itin good faith by purchasefrom a merchant’s store, or in
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